Reconstruction Amendments

Question 1

Explain in basic terms the metes and bounds of congressional authority under the 14th Amendment

Answer 1

• Congress may regulate if the regulation is PROPORTIONAL AND CONGRUENT to the evil Congress seeks to address
• Sec. 5- To enforce provision of the 14th amendment
• No state shall “State Actor Doctrine” Only State actor can violate 14th amendment, not private actors
• (Act must apply to state actor not private citizen)

Question 2

Enforcement Power (2 Steps)

Answer 2

1. Identify “constitutional baseline”
   a. Look what Court declares!!!
   b. How far outside courts own definition can Congress regulate Congressional Act?
2. Is Congressional Act close enough to necessary and proper to enforce Baseline?
   a. Sect. 5 operates just like Nec. & Prop. To enforce 14th amendment as defined by S.C.

Question 3

General Rules for 14th Amendment

Answer 3

1. Measured same way as Nec and Prop. Clause in C.C.
2. Congress cannot redefine the Baseline, (out of bounds) cannot change strict scrutiny test
   a. Geography certain proportion of country
   b. Temporarily Dimension (sunset clause)
   c. Congressional Fact Finding Congress must find Constitutional evil that its legislation is made & enforcing 14th amendment.
   - If act is Proportional & Congruent to Constitutional problem to make law

• Congress must find problem first
• These help to see if Congress is in range to do act. Fact finding is most important